Quick Answer Can you recover overtime or benefits if you were misclassified as an independent contractor? Possibly. Receiving a Form 1099, forming an LLC, or signing an independent contractor agreement does not automatically make you a lawful independent contractor. Federal and state agencies look at the reality of the working relationship. If the company controlled…
If you drove for a rideshare or delivery app in New Jersey and the company cut you off without a good reason, you may be entitled to unemployment benefits, even though the app called you an independent contractor and sent you a 1099. Many drivers assume the “contractor” label closes the door. In New Jersey,…
Every app tells its drivers the same thing: you are an independent contractor. It is in the signup flow, the terms of service, and the 1099 that shows up at tax time. What the apps do not mention is that New Jersey law starts from the opposite position. Under the state’s ABC test, a person…
Published by: Swartz Swidler LLC Last updated: 06/19/2026 Jurisdiction note: This article is for employees in New Jersey, Pennsylvania, Philadelphia, and South Jersey. Pay reduction laws can vary based on the state, pay agreement, timing of the reduction, wage rate, exempt status, contract terms, and the facts of the case. This article is for general…
If your employer hasn’t paid you correctly, time matters. The statute of limitations for a wage claim in NJ determines how long you have to recover unpaid wages. Miss that deadline, and you could permanently lose your right to collect money you legally earned. New Jersey workers have strong wage protections — but those protections…
Overtime pay is one of the most misunderstood—and most violated—worker protections in Pennsylvania. Many employees still believe that being paid a salary automatically disqualifies them from overtime. Others assume small amounts of extra time do not matter, or that employers can simply refuse to pay overtime if it was not approved in advance. In 2026,…
Unpaid overtime is one of the most common—and often overlooked—violations of employee rights in the workplace. Many New Jersey workers clock in extra hours every week, unaware they’re entitled to time-and-a-half for the effort. Others know their rights but fear retaliation if they speak up. If this sounds familiar, you’re not alone. This legal guide…
Introduction: Don’t Just Sign—Negotiate You’ve just been let go. You’re feeling stunned, maybe even relieved, and now you’re staring at a severance agreement on your desk. It promises a few weeks of pay if you sign—and quickly. But before you pick up that pen, stop. What many workers don’t realize is that severance agreements are…
Introduction: When Does a Microaggression Become More Than Just a Comment? Imagine this: You’re in a meeting, confidently sharing your ideas, when a colleague chuckles and says, “Wow, you’re really articulate for someone like you.” You pause, unsure how to respond. It wasn’t an outright insult, but it felt off—uncomfortable, dismissive, and subtly undermining.…
Have you ever wondered if you’re being paid fairly for your hard work? Or maybe you’re concerned that your employer might be skirting the rules when it comes to overtime or breaks. Understanding your rights as an employee in New Jersey is the first step to ensuring you’re treated fairly—and knowing when to take action…